Allowed

Arjun @ Govind v. State of U.P. and Another

Allahabad HC8 Jan 2021CRLA/3080/2020

Case brief

AI extract

What is this about?

In a criminal appeal under the SC/ST Act, this court set aside the order of Special Judge Auraiya which had rejected the appellant's bail petition in a case involving rape and cheating. Finding the appellant to be a first-time offender with no conviction, the court released him on bail subject to conditions.

What did the court decide?

The appellant was released on a personal bond and two sureties with a condition to not jump bail and cooperate in the trial.

Arjun @ Govind Vs State of U.P. and Another — Cheating and Forgery | Allahabad HC (2021)

¶1

Court No. - 88

¶2

Case :- CRIMINAL APPEAL No. - 3080 of 2020

¶3

Appellant :- Arjun @ Govind Respondent :- State of U.P. and Another Counsel for Appellant :- Ganesh Kumar,Ambreesh Kumar Counsel for Respondent :- G.A.

¶4

Hon'ble Ajit Kumar,J.

¶5

Heard Sri Ambreesh Kumar, learned Counsel for the appellantapplicant, learned AGA and perused the record.

¶6

This Criminal appeal under Section 14-A(2) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 has been preferred by the appellant- Arjun @ Govind with the prayer to set aside the order dated 21.9.2020 passed by learned Special Judge (SC/ST Act), Auraiya in Bail Application No. 782 of 2020 rejecting the bail application in Case Crime No. 0126 of 2020 under Section 376 I.P.C. and Section 3(2)(V) SC/ST Act, P.S.- Sahayal, District- Auraiya.

¶7

Allegations in the first information report are that the appellant completely befooled the complainant in the name of marriage as far back on 20.7.2017 and developed physical relation with her.

¶8

It has been submitted by learned Counsel for the appellantapplicant that the appellant is quite innocent and has been falsely implicated for ulterior motive. It is next submitted that the present FIR has been lodged after three years of the incident. It is next submitted that the victim-informant is major. It is also argued that there is no previous criminal history of the applicant. It is also submitted that though the charge sheet has been submitted in the present case, but in the wake of heavy pendency of cases in the Court, there is no chance of any early conclusion of trial. The applicant is languishing in jail since 7.8.2020.

¶9

Per contra, the appeal has been opposed vehemently by the counsel for the complainant as well as the learned A.G.A. but they could not dispute the aforesaid facts.

¶10

I have considered the rival submissions so made and having gone through the entire record including the order by which, bail application of the appellant-applicant has been rejected, impugned herein this appeal. Nothing convincing has been argued on behalf of the complainant/State to justify and sustain

¶11

the order of the court below rejecting the bail applications of the appellants.

¶12

Thus, in view of the above and having regard to the facts and circumstances of the case and keeping in view the evidence, complicity of accused, I am of the view that the appellant has made out a case for bail.

¶13

Accordingly, this appeal is allowed and the impugned order dated 21.9.2020 rejecting the bail of the appellant is set aside.

¶14

Let the above named accused-appellant involved in the aforesaid crime be released on bail on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of Court concerned subject to the condition that applicant shall cooperate in the trial and will not jump the bail.

¶15

The concerned Court/Authority/Official is further directed to verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.

¶16

Order Date :- 8.1.2021

¶17

Deepika

Arjun @ Govind v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Arjun @ Govind v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Sher Singh Vs State of U.P. and Another

Raj Kumar Yadav @ Munna Vs State of U.P.and Anothers

Shitesh and 2 Others Vs State of Up and Another

Chhidda Singh Vs State of U.P. and Another

Pappu and Another Vs State of U.P. and Another

Shivji Singh and 3 Others Vs State of U.P. and Another